A commercial claim is an obligation to owe money which is incurred during the course of conducting a business which arises from goods sold or leased, services rendered, or monies loaned for use in conducting a business. All other claims, e.g. consumer debts, are called "retail claims." Not all commercial claims are based on open account balances. Commercial claims can also be based on lease agreements, security agreements, consignments, guarantees, or on any other kind of similar business transaction.
At Liberty Legal Solutions, LLC, our experienced business litigation attorney Jonathan Krems prosecutes all manners of commercial claims on behalf of our clients. We offer a five-step process for handling commercial claims:
1. Initial File Review
Our experienced business attorney Jonathan Krems will receive and review your file. Most of our clients who are owed money will send the invoices for review along with any contracts or written documents. It's important early on to identify the amount owed, and also the legal reason(s) why that amount is owed, e.g. breach of contract, open account, promissory note, or something else. Once this initial review is completed, we can proceed to the next step.
2. Demand Letter
The next step is that our experienced business attorney Jonathan Krems will prepare and send a demand letter to the debtor on your business's account (or to the person or business which owes your business money). We will charge a flat fee for this service. If the debtor responds to the letter, then we can set up a payment plan to get the monies owed paid. If not, then we can proceed to the third step.
3. Lawsuit
If the debtor didn't respond to the demand letter, or you need faster action, our experienced business litigation attorney Jonathan Krems will prepare and file a lawsuit on behalf of your business to recover the monies owed to you as our client. Depending on the amount owed, we will charge a flat fee for this service. After the lawsuit is filed, we will have a process server serve the debtor with the lawsuit. After the debtor is served, we will wait and see if the debtor responds to the lawsuit. If the debtor still does not respond, we should be able to obtain default judgment on your behalf. If the debtor responds, we will offer litigation strategies in a phased fee approach.
4. Judgment
Our experienced business litigation attorney Jonathan Krems will aggressively obtain a judgment against the debtor for the monies which are owed to your business. In many cases we can obtain default judgment against the debtor due to their lack of response to the lawsuit which was filed on your behalf. If the debtor does respond to the lawsuit, then we will discuss with you additional litigation strategies. This process leads to obtaining summary judgment against the debtor. We can also domesticate a foreign judgment in Oklahoma, if you have obtained judgment against the debtor out of state.
5. Enforcement
Finally, our experienced business litigation attorney Jonathan Krems will aggressively enforce the judgment obtained against the debtor. Not only does this step include filing garnishments and liens, but if we don't know where the debtor works or has bank accounts, we can obtain a post-judgment Court Order requiring the debtor to appear for an asset hearing and testify under oath regarding the debtor's income, bank accounts, and other assets. If the debtor still refuses to appear, then we can ask the Court for additional orders, including finding the debtor in contempt of court, and/or authorizing a bench warrant for the debtor's arrest. Our experienced business attorney Jonathan Krems will aggressively enforce your commercial claim to the fullest extent of the law.
If someone or another business owes your business money, contact Liberty Legal Solutions, LLC, today by telephone at (405) 509-9096, or email Jonathan Krems directly at [email protected] to discuss how we can help you with your commercial claim and collections issue today.